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Transformation Services Agreement - NSW Department of Education ...

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22. Privacy<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

The Contractor must comply with the obligations set out in Schedule 12 and any<br />

Laws relating to privacy.<br />

The Contractor must immediately notify DEC when the Contractor becomes aware<br />

<strong>of</strong> or receives a complaint relating to a breach <strong>of</strong> this clause 22 by the Contractor or<br />

its Personnel.<br />

[Omitted.]<br />

[Omitted.]<br />

This clause 22 will survive the termination or expiry <strong>of</strong> this agreement for a period<br />

<strong>of</strong> six years.<br />

23. Information security<br />

23.1 No unauthorised access<br />

The Contractor will, to the extent the System and <strong>NSW</strong> Government Property are within its<br />

possession or control, take all reasonable steps to ensure that no unauthorised party:<br />

(a)<br />

(b)<br />

is allowed physical or electronic access to the System or <strong>NSW</strong> Government<br />

Property; and<br />

prevents the Solution from being available.<br />

This includes installing and maintaining adequate security features within the System.<br />

23.2 Safeguarding DEC Data<br />

(a)<br />

The Contractor will establish and maintain environmental, safety and facility<br />

procedures, data security procedures and other safeguards against the destruction,<br />

loss, unauthorised access or alteration <strong>of</strong> DEC Data in the possession <strong>of</strong> Contractor<br />

which are:<br />

(i)<br />

(ii)<br />

(iii)<br />

no less rigorous than those maintained by the Contractor for its own<br />

information <strong>of</strong> a similar nature;<br />

no less rigorous than accepted security standards in the industry,<br />

including those set forth in the Specifications; and<br />

adequate to meet the requirements <strong>of</strong> the DEC Policies.<br />

(b)<br />

(c)<br />

(d)<br />

Within 6 months following the Effective Date and as subsequently requested by<br />

DEC but no more frequently than once each year, the Contractor will evaluate the<br />

then-current DEC security policy and will prepare and submit for DEC review and<br />

approval recommendations with respect to changes or modifications to such policy.<br />

The Contractor may charge Time and Materials for work performed under this<br />

clause in excess <strong>of</strong> the first 4 days <strong>of</strong> work.<br />

The Contractor will maintain and enforce the then-current DEC security policy until<br />

any changes or modifications are approved by DEC for implementation.<br />

The Contractor will adhere to DEC Data policies and testing requirements in the<br />

Specifications.<br />

Legal\305532610.12 Commercial-in-confidence 27

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